Personal Injury/Tort

The plaintiff, a 24-year-old single male, was driving to work when he allegedly encountered a pothole that caused him to lose control of his vehicle, hit the median barrier, spin off the roadway and roll over. He was ejected from ...

The plaintiffs were a 37-year-old female Chinese foreign national who spoke and read only Mandarin Chinese and her husband, who had limited English proficiency. Both were legally residing in the United States on a work visa.

A passenger who was injured in a car accident could bring a Chapter 93A claim against an insurance company for taking 11 months to pay her claim for personal injury protection benefits, the Appeals Court has ruled.

Where a plaintiff alleged that the defendant insurance company mishandled her personal injury protection claim, the defendant was properly awarded summary judgment because the plaintiff had previously released the defendant from all liability.

Where an insured has been receiving benefits under a disability insurance policy, he is not under the regular and personal care of a physician “which, under prevailing medical standards, is appropriate for the condition causing the disability.”

Where a plaintiff alleges that he suffered injuries in an altercation because the defendant tavern negligently served alcoholic beverages to under-aged and intoxicated patrons, I hold that genuine issues exist barring any award of summary judgment to the defendant.

Where a defendant insurer was granted summary judgment on an injured plaintiff’s G.L.c. 93A claim despite the fact that the insurer waited 11 months to pay the personal injury protection benefits due her, the judgment must be vacated because the plaintiff has shown an ascertainable loss caused by the insurer's dilatory conduct.

Where a complaint for personal injuries and property damage arising out of a motor vehicle accident was dismissed, the dismissal order was proper in light of the fact that more than eight years had passed between docket entries in this case.

A 49-year-old woman was seated in a bus when the driver allegedly made an improper left-hand turn across oncoming traffic. A pickup truck struck the bus in the area where the plaintiff was seated, throwing her across the aisle and ...